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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5259 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5259

 To require the Secretary of Energy to establish a program to increase 
participation in community solar programs and the receipt of associated 
                   benefits, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2024

   Mr. Lujan introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To require the Secretary of Energy to establish a program to increase 
participation in community solar programs and the receipt of associated 
                   benefits, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Solar Consumer Choice Act 
of 2024''.

SEC. 2. COMMUNITY SOLAR CONSUMER CHOICE PROGRAM; FEDERAL GOVERNMENT 
              PARTICIPATION IN COMMUNITY SOLAR.

    (a) Definitions.--In this section:
            (1) Community solar facility; community solar program; 
        subscriber.--The terms ``community solar facility'', 
        ``community solar program'', and ``subscriber'' have the 
        meanings given those terms in paragraph (22)(A) of section 
        111(d) of the Public Utility Regulatory Policies Act of 1978 
        (16 U.S.C. 2621(d)).
            (2) National laboratory.--The term ``National Laboratory'' 
        has the meaning given the term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
    (b) Establishment of Community Solar Consumer Choice Program.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall establish a program 
        to increase access to community solar programs for--
                    (A) individuals, particularly individuals that do 
                not have regular access to onsite solar, including low- 
                and moderate-income individuals;
                    (B) businesses;
                    (C) nonprofit organizations; and
                    (D) States and local and Tribal governments.
            (2) Alignment with existing federal programs.--The 
        Secretary shall align the program established under paragraph 
        (1) with existing Federal programs that serve low-income 
        communities.
            (3) Assistance to state, local, and tribal governments.--In 
        carrying out the program established under paragraph (1), the 
        Secretary shall--
                    (A) provide technical assistance to State, local, 
                and Tribal governments, and other entities, for 
                projects to increase access to community solar 
                programs;
                    (B) assist State, local, and Tribal governments in 
                the development of new and innovative financial and 
                business models, including affordable rate structures, 
                that leverage competition in the energy marketplace in 
                order to serve subscribers; and
                    (C) use National Laboratories to collect and 
                disseminate data to assist private entities in the 
                financing of, subscription to, and operation of 
                community solar facilities and community solar 
                programs.
    (c) Federal Government Participation in Community Solar Programs.--
The Secretary, to the extent practicable, shall expand the existing 
grant, loan, and financing programs of the Department of Energy to 
include community solar programs.

SEC. 3. ESTABLISHMENT OF COMMUNITY SOLAR PROGRAMS.

    (a) In General.--Section 111(d) of the Public Utility Regulatory 
Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the 
end the following:
            ``(22) Community solar programs.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Community solar facility.--The term 
                        `community solar facility' means a solar 
                        photovoltaic system that--
                                    ``(I) allocates electricity to 
                                multiple electric consumers served by 
                                an electric utility;
                                    ``(II) is connected to local 
                                distribution infrastructure of the 
                                electric utility;
                                    ``(III) is located either on or off 
                                the property of 1 or more subscribers; 
                                and
                                    ``(IV) may be owned by an electric 
                                utility, 1 more subscribers, or a third 
                                party.
                            ``(ii) Community solar program.--The term 
                        `community solar program' means a service 
                        provided by an electric utility to an electric 
                        consumer served by the electric utility through 
                        which the value of electricity generated by a 
                        community solar facility may be used to offset 
                        charges billed to the electric consumer by the 
                        electric utility.
                            ``(iii) Subscriber.--The term `subscriber' 
                        means an electric consumer who participates in 
                        a community solar program.
                    ``(B) Standard.--
                            ``(i) Non-tribal utilities.--Each electric 
                        utility that is not a Tribal utility shall 
                        offer a community solar program to which all 
                        ratepayers of the electric utility, including 
                        low-income ratepayers, have equitable and 
                        demonstrable access.
                            ``(ii) Tribal utilities.--
                                    ``(I) In general.--A Tribal utility 
                                may offer a community solar program.
                                    ``(II) Resources.--A Tribal utility 
                                that offers a community solar program 
                                may leverage the resources made 
                                available to the Tribal utility under 
                                this Act to carry out that community 
                                solar program.
                    ``(C) Ownership of community solar facilities.--A 
                community solar program established pursuant to this 
                paragraph shall include a mechanism to allow electric 
                utilities, non-utilities, and other appropriate 
                entities to assume complete or partial ownership of 
                relevant community solar facilities, as necessary to 
                deliver customer benefits and mitigate the impacts of 
                market concentration.
                    ``(D) Technical assistance and other guidance.--The 
                Secretary shall provide technical assistance and other 
                guidance necessary to carry out a community solar 
                program pursuant to this paragraph, including to State, 
                local, and Tribal governments, as appropriate.''.
    (b) Compliance.--
            (1) Time limitations.--Section 112(b) of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is 
        amended--
                    (A) by indenting paragraphs (4) through (8), and 
                any subparagraphs within those paragraphs, 
                appropriately; and
                    (B) by adding at the end the following:
    ``(9)(A) Not later than 1 year after the date of enactment of this 
paragraph, each State regulatory authority (with respect to each 
electric utility for which the State has ratemaking authority) and each 
nonregulated electric utility shall commence consideration under 
section 111, or set a hearing date for consideration, with respect to 
the standard established by paragraph (22) of section 111(d).
    ``(B) Not later than 2 years after the date of enactment of this 
paragraph, each State regulatory authority (with respect to each 
electric utility for which the State has ratemaking authority), and 
each nonregulated electric utility shall complete the consideration and 
make the determination under section 111 with respect to the standard 
established by paragraph (22) of section 111(d).''.
            (2) Failure to comply.--
                    (A) In general.--Section 112(c) of the Public 
                Utility Regulatory Policies Act of 1978 (16 U.S.C. 
                2622(c)) is amended--
                            (i) in the first sentence, by striking 
                        ``subsection (b)(2)'' and inserting 
                        ``subsection (b)''; and
                            (ii) by adding at the end the following: 
                        ``In the case of the standard established by 
                        paragraph (22) of section 111(d), the reference 
                        contained in this subsection to the date of 
                        enactment of this Act shall be deemed to be a 
                        reference to the date of enactment of that 
                        paragraph (22).''.
            (3) Prior state actions.--
                    (A) In general.--Section 112 of the Public Utility 
                Regulatory Policies Act of 1978 (16 U.S.C. 2622) is 
                amended--
                            (i) in subsection (h), in the subsection 
                        heading, by striking ``Other''; and
                            (ii) by adding at the end the following:
    ``(i) Prior State Actions.--Subsections (b) and (c) shall not apply 
to the standard established by paragraph (22) of section 111(d) in the 
case of any electric utility in a State if, before the date of 
enactment of this subsection--
            ``(1) the State has implemented for the electric utility 
        the standard (or a comparable standard);
            ``(2) the State regulatory authority for the State or the 
        relevant nonregulated electric utility has conducted a 
        proceeding to consider implementation of the standard (or a 
        comparable standard) for the electric utility; or
            ``(3) the State legislature has voted on the implementation 
        of the standard (or a comparable standard) for the electric 
        utility.''.
                    (B) Cross-reference.--Section 124 of the Public 
                Utility Regulatory Policies Act of 1978 (16 U.S.C. 
                2634) is amended by adding at the end the following: 
                ``In the case of the standard established by paragraph 
                (22) of section 111(d), the reference contained in this 
                section to the date of enactment of this Act shall be 
                deemed to be a reference to the date of enactment of 
                that paragraph (22).''.

SEC. 4. FEDERAL CONTRACTS FOR PUBLIC UTILITY SERVICES.

    Section 501(b)(1) of title 40, United States Code, is amended by 
striking subparagraph (B) and inserting the following:
                    ``(B) Public utility contracts.--A contract under 
                this paragraph for public utility services may be for a 
                period of not more than 30 years.''.
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